A long-running court battle between Victoria Police and former bikie enforcer Toby Mitchell over his car has been resolved - without a winner.

The police have wanted Mitchell's $60,000 2009 Holden Senator for two years, while he has fought their application for it to be forfeited.

Mitchell appealed a magistrate's order last year that the car be surrendered, and on Friday a County Court judge set aside that order after the prosecution announced it would lead no evidence on the appeal.

Defence solicitor Theo Magazis told Fairfax Media outside court that the application for forfeiture "is going to be dismissed," which he said meant the police would not get the car.

Asked where the vehicle was now, Mr Magazis said: "It is not in our possession ... [Mitchell] no longer has the vehicle."

Pressed about its whereabouts, he said: "There's no mystery about it. He just doesn't have the vehicle. "And neither do they," Mitchell added, referring to the police.

Mitchell was the Bandidos sergeant-at-arms and a personal trainer in 2011 when he was shot and seriously wounded outside Doherty's Gym in Brunswick.

He later survived another shooting ambush attempt on his life.

In March this year he received a suspended jail term after pleading guilty to affray when he and others brawled in a King strip club in 2010.